INTERSTING DEFENCE

Evening Post, Issue 36, 12 February 1935, Page 11

INTERSTING DEFENCE

DRiyERS^JEXPERIENCES X The gait "and; other of Thomas Lacey,. deceased, .were jdemonstrated in ■ Court today by "wit-. nesses for the v "defence; in the trial of John.Stewart, of Masterton, for negligently driving a car and causing Lacey's death oh "November" 30 last. Several drivers on the same road the same night testified that: a man like Lacey behaved in-an erratic manner and ■'three: drivers said that, they missed the. man "by the narrowest of margins. ■'•'■"' ;; '": -■■ "■: ■■•.■•'-■ Mr. S. V. Gobdin^, -for the accused, concluded his address to the jury at 12.50 p.m., Mr. P. VS. X.' Macassey, Crown Prosecutor, said he would not address the jury, and his Honour, the Chief Justice (Sir Michael Myers) will sum up this afternoon. V FRANK ADMISSIONS. The accused in evidence said the reason why he did not stop was that "if anything had happened further back they would be in trouble in any case." Hughes told . witness to keep quiet about the.matter. Witness told Flynn (a passenger, in the car) the same thing. .

c^ neSl Said he had six drinks- He swore he had had no more. of^^nr 0Il0U^: What was. the purpose of going to Carterton? : ■ ■ •' ■•' Witness: To get some drinks. «'^ J 1 oaour: Y?ur sole purpose in going for a motor ride from Masterton to Carterton was just to get drunk?— TtiS l s T right, your Honour. , •His. Honour: Then besides any breach of the Motor Vehicles Act. ... .': you' went to Masterton to commit a breach of the licensing law?— That is true, your Honour. : l ■ His Honour: Well, that's frank, at least. ' ■."■ ;J :' ■■■ - ■ ----..< ■•■•■ ,. ..■■ -.^^.^''pross^examined further by Mr. Macassey, denied that he had told Detective Robinson' that he had knocked a man over., His Honour: What was the need for anyone to say "Go for, your life," if you hadrhotikhocked over?— I cannot say, :Sir. v : -I. only know some^ one said something .in the . car that sounded very much like that; • Re-examined, witness "said he was interviewed by Detective ■ Robinson firstbetween-lOandill p.m. arid again at about 2:a.m. ■ :..-■>,■. ■..-■■■..•., I Questioned' by .his Honour, witness' said he .saw; "the "r man jusf'about to move - 'from' sthe^^niacadam- to -the bitumen.:v;:v:;.;>i_ -••:>. ::.,.-.';. ii , ; .-. 1 .... ■■' : waW.ityou* didn't = see'"him sooner?— Had he. been standing on the" macadam, I ought to have seen hini within 20: or 30 feet.. ' ■: '■■ •■- ■ - - -Witness said he did not! see. the man1 until he was seven feet from the.car at.-least,--,-: ■■■■■. .- •■ ':-i-'! .:■: ■■■:>-: ■:■ ■;.: - , FOREMAN'S QUESTIONS;. :;: ;' The foreman' questioned accused1 as to .whether:hd;had:.conyer:sfed''with the' passengers." The "accused said'he 'had not. Also the : engine* Vof his car' had not, been noisy and' he would": have, heard any scream.by:th'eVman... /? ~ ■:.' Albert Edward Jones said Lacey: had lived with him:for twelve months before his death. Lacey .was very shortsighted; he had to hold a book close to his face,; and .could "not see more than 12 feet at night: He was flatfooted and club-footed, and found it hard to walk straight.a'.He-'wbuld be "groggy" in the legs if he had to hurry.- , "Witness' then demonstrated Lacey's characteristic walk; ;* His Honour: He was a":rh_an -whose gait'should ;be very; :n6ticeable?-i-Yes. Thomas Phillips, labourer, sai'd' he had worked with L;acey and had seen hkn on the night he was killed, when Lacey was walking at about' 6.30 p.m. Lacey was. dead drunk .and. had staggered from side to side of the footpath, talking to;himself loud enough to be heard across the, road. , . . Questioned by his Honour, witness said..that ,Lacey had; been walking erratically and slowly. ; : .: ;■ Hinton James Blake, farmer. ■ said he was taking his family into Carterton on the. night in. question. He saw a car'coming along'the'1; road from Carterton, and saw ,a :i 'matt .cpine stumbling out from the side of J the road and yelling'out.' ■ The man tried to. stop witness's car;>he-was waving, his arms. ■ "The, man was either mad or drunk,"- he said;, .''to dp, a thing like .that -there must have been- someithing wrong with-, him. .-...' I had: \to swerve right off the road to, ayoid him; He was a medium-built man in a-dark suit." .Had witness been travelling at his visual pace, he thought he could not t haye missed hitting him. ' '■ ' \ VNEARLY.>UN;"DOWN. ; - : ■;- Cross-examined, the witness said the time was about 8.30: pan.. The other car swerved to: its left to avoid-, the -man. :■■>-;■ '•;■ ■'. ■■-•■ :~. ~;■.-,,■.-... :;Frederick James Purcell; •; lorry driver, Masterton, said that he would be : opposite' the Taratahi racecourse between 9 .and 9.30 .oh the night of November.3o last!; "All of a sudden a man ran out:of:;the shadows. .fright in front of my: lorry. ' It was more of a stagger.; I.missed him: by inches'. In swerving I,went to the,other,side of the road and very nearly capsized my lorry. • ■ The- nian was;of medium build and thick set. He was either drunk, or mad, or trying to - commit suicide, /.or; .something.!' Witness stopped to see if his. load was .secure after the'tilting. ■: - ;^"'V " ■'. Cross-examined, witness said it was notan uncommon ■thing to, see drunken nieri-bnthat road on a Friday ; night. Edward; Ahearni' freezing works empipy cc] gave a ■'■ similar account of < a man whV'stumbled out. from ;the Side of the. road ori the isame:. night at about 9.30 in front of his car. ■ A man" walking unsteadily^ on the edge of the bitumen was picked up with his lights about 100 yards .away 'on the road; said Robert .Hugh Bruerton, who demonstrated, how ;the man walked. Fifty .yards away the man made inwards and then floundered across the road. Witness steadied his car to see what-action: he would take, fearing: the- man would, walk, or .fall into.the car. went off the bitumen on his wrong sidei to pass the' man. He judged the man. to be very drunk. Witness knew Thomas Lacey, and :the man.resembled^ Lacey: ; ' .^;.;-;V-:-.---'; (Proceeding.). n.'] '.'».'•...■' K.